Petition for Modification of Application of an Existing Mandatory Safety Standard, 40081-40082 [2021-15827]

Download as PDF Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices specific requirements of any statute, Executive Order, or other law governing the composition of a particular Committee. If a conflict arises, the specific statute, Executive Order, or other law will govern. 9. Redelegation of Authority. Except as otherwise provided by law, all authorities delegated in this Order may be redelegated to serve the purposes of this Order. 10. Effective Date. This Order is effective immediately. Signed in Washington, DC, this 16th day of July, 2021. Martin J. Walsh, Secretary of Labor. [FR Doc. 2021–15826 Filed 7–23–21; 8:45 am] BILLING CODE P DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification of Application of an Existing Mandatory Safety Standard Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice includes the summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before August 25, 2021. ADDRESSES: You may submit your comments including the docket number of the petition by any of the following methods: 1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket number of the petition in the subject line of the message. 2. Facsimile: 202–693–9441. 3. Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202–5452, Attention: Jessica D. Senk, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are required to check in at the receptionist’s desk in Suite 4E401. Individuals may inspect copies of the petition and comments during normal business hours at the address listed above. MSHA will consider only comments postmarked by the U.S. Postal Service or proof of delivery from another delivery service such as UPS or Federal Express on or before the deadline for comments. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), Senk.Jessica@dol.gov (email), or 202–693–9441 (facsimile). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations (CFR) part 44 govern the application, processing, and disposition of petitions for modification. I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. The application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2021–025–C. Petitioner: Wolf Run Mining Company, 21550 Barbour County Highway, Philippi, West Virginia (Zip 26416). Mine: Leer South Mine, MSHA ID No. 46–04168, located in Barbour County, West Virginia. Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel tanks and safety cans). Modification Request: The petitioner requests a modification of the existing standard to permit the use of Brookville locomotive diesel motor in a dual role as a motor/diesel fuel transportation unit. The petitioner proposes an alternative method of complying with the requirement for a shut-off valve in the locomotive motor’s fuel return line (a connection between the engine and fuel tank through which fuel flows when the engine is running). The petitioner states that the return line is unrelated to fuel dispensing, and that therefore a shutoff valve on this line is not necessary. Using a shutoff valve on the return line could cause engine damage and an over-fueling condition, due to the fuel not being able to return to the locomotive’s fuel tank. This overfueling condition would increase PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 40081 harmful exhaust emissions such as carbon monoxide, and would therefore create a health risk to locomotive operators and miners in the affected area. The petitioner proposes the following alternative method: (a) The Brookville diesel motor has been equipped with a fuel tank constructed of 1⁄4 inch steel plates that is designed to serve as both the motor’s fuel tank and fuel dispensing tank. The tank is equipped with a pump that can only dispense 50 percent of the tank’s capacity, in order to ensure that the motor’s fuel supply cannot be completely depleted. (b) During the fueling process, the motor’s engine will be shut off, which eliminates unnecessary idling. The 8gallons per minute fuel dispensing pump will operate utilizing a separate battery power source that has been added to the motor. (c) The fuel dispensing hose is a 50foot hose with a no latch open device and a self-closing valve. A power supply switch is located at the pump’s nozzle storage bracket, and an emergency shutoff switch is located above the fuel tank. The emergency switch is protected by a cover, so that the switch is in the off position anytime the cover is closed. (d) The following fueling procedures have been developed and posted above the fuel tank. • Make sure fueling sign is hung. • Inspect fire extinguishers prior to beginning the fueling process. • Ensure fire extinguishers are located out-by the fueling point. • Verify fuel hose, equipment, etc. are in good working condition. • Test for methane in the atmosphere. • Check for potential ignition sources and other hazards in the area. • Notify the mine dispatcher before starting. • Unlock and open the emergency switch. • Check for any spills after the fueling is complete. • Shut off the emergency switch and close locked cover. • Notify the mine dispatcher after completion. (e) The tank is equipped with a 4 inch vent designed to open at a pressure not to exceed 2.5 pounds per square inch, as required by 75.1904(b). (f) Tank openings are marked and the tank, fittings and components are pressure-tested. (g) The pump dispensing line is equipped with a manual shut off valve that serves as anti-siphoning device as required under 75.1905(b)(iii). (h) Additional fire suppression and detection are installed to ensure that the E:\FR\FM\26JYN1.SGM 26JYN1 40082 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices system meets all the requirements of 75.1911(b). (i) At no time, the motor will be operated unattended, in accordance with 75.1916(e). (j) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its approved part 48 training plan to the DM. The proposed revisions will include initial and refresher training regarding compliance with the terms and conditions of the PDO. The petitioner asserts that the alternate method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Jessica D. Senk, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2021–15827 Filed 7–23–21; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2012–0017] Reports of Injuries to Employees Operating Mechanical Power Presses; Extension of the Office of Management and Budget’s (OMB) Approval of an Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning the proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Standard on Reports of Injuries to Employees Operating Mechanical Power Presses. DATES: Comments must be submitted (postmarked, sent, or received) by September 24, 2021. ADDRESSES: Electronically: You may submit comments, including attachments, electronically at http:// www.regulations.gov, the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Docket: To read or download comments or other material in the docket, go to http:// www.regulations.gov. Documents in the docket are listed in the http:// www.regulations.gov index; however, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:10 Jul 23, 2021 Jkt 253001 some information (e.g., copyrighted material) is not publicly available to read or download through the website. All submissions, including copyrighted material, are available for inspection through the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions. Instructions: All submissions must include the agency name and the OSHA docket number for this Federal Register notice (OSHA–2012–0017). OSHA will place comments and requests to speak, including personal information, in the public docket, which may be available online. Therefore, OSHA cautions interested parties about submitting personal information such as Social Security numbers and birthdates. For further information on submitting comments, see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of the continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). In the event that a worker is injured while operating a mechanical power PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 press, 29 CFR 1910.217(g) requires the employer to report, within 30 days of the occurrence, all point-of-operation injuries to the operators or other employees to either the Director of the Directorate of Standards and Guidance at OSHA, U.S. Department of Labor, Washington, DC 20210 or electronically at http://www.osha.gov/pls/oshaweb/ mechanical.html; or to the State agency administering a plan approved by the Assistant Secretary of Labor for Occupational Safety and Health. This information includes the employer’s and worker’s name(s), workplace address and location; injury sustained; task being performed when the injury occurred; number of operators required for the operation and the number of operators provided with controls and safeguards; cause of the incident; type of clutch, safeguard(s), and feeding method(s) used; and means used to actuate the press stroke. These reports are a source of up-to-date information on power press machines. Specifically, this information identifies the equipment used and conditions associated with these injuries. OSHA’s Mechanical Power Press injury reporting requirement at 1910.217(g) is a separate injury reporting requirement from OSHA’s severe injury reporting requirements which are part of 1904.39. Under 1904.39, employers must, within 24 hours, report to OSHA any work-related injury requiring hospitalization as well as work-related incidents resulting in an amputation or loss of an eye. The Mechanical Power Press Standard requires employers to report all injuries involving operation of a power press to OSHA or an appropriate state agency within 30 days. Injuries that must be reported under 1910.217(g) include those that are also reportable under 1904.39 as well as those that are recordable under the recordkeeping standard (29 CFR 1904). II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the agency’s functions, including whether the information is useful; • The accuracy of OSHA’s estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply. For example, by using automated or other E:\FR\FM\26JYN1.SGM 26JYN1

Agencies

[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40081-40082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15827]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of an Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice includes the summary of a petition for 
modification submitted to the Mine Safety and Health Administration 
(MSHA) by the party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before August 25, 2021.

ADDRESSES: You may submit your comments including the docket number of 
the petition by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Jessica D. Senk, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition and comments 
during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2021-025-C.
    Petitioner: Wolf Run Mining Company, 21550 Barbour County Highway, 
Philippi, West Virginia (Zip 26416).
    Mine: Leer South Mine, MSHA ID No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel 
tanks and safety cans).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of Brookville locomotive diesel 
motor in a dual role as a motor/diesel fuel transportation unit. The 
petitioner proposes an alternative method of complying with the 
requirement for a shut-off valve in the locomotive motor's fuel return 
line (a connection between the engine and fuel tank through which fuel 
flows when the engine is running).
    The petitioner states that the return line is unrelated to fuel 
dispensing, and that therefore a shutoff valve on this line is not 
necessary. Using a shutoff valve on the return line could cause engine 
damage and an over-fueling condition, due to the fuel not being able to 
return to the locomotive's fuel tank. This over-fueling condition would 
increase harmful exhaust emissions such as carbon monoxide, and would 
therefore create a health risk to locomotive operators and miners in 
the affected area.
    The petitioner proposes the following alternative method:
    (a) The Brookville diesel motor has been equipped with a fuel tank 
constructed of \1/4\ inch steel plates that is designed to serve as 
both the motor's fuel tank and fuel dispensing tank. The tank is 
equipped with a pump that can only dispense 50 percent of the tank's 
capacity, in order to ensure that the motor's fuel supply cannot be 
completely depleted.
    (b) During the fueling process, the motor's engine will be shut 
off, which eliminates unnecessary idling. The 8-gallons per minute fuel 
dispensing pump will operate utilizing a separate battery power source 
that has been added to the motor.
    (c) The fuel dispensing hose is a 50-foot hose with a no latch open 
device and a self-closing valve. A power supply switch is located at 
the pump's nozzle storage bracket, and an emergency shut-off switch is 
located above the fuel tank. The emergency switch is protected by a 
cover, so that the switch is in the off position anytime the cover is 
closed.
    (d) The following fueling procedures have been developed and posted 
above the fuel tank.
     Make sure fueling sign is hung.
     Inspect fire extinguishers prior to beginning the fueling 
process.
     Ensure fire extinguishers are located out-by the fueling 
point.
     Verify fuel hose, equipment, etc. are in good working 
condition.
     Test for methane in the atmosphere.
     Check for potential ignition sources and other hazards in 
the area.
     Notify the mine dispatcher before starting.
     Unlock and open the emergency switch.
     Check for any spills after the fueling is complete.
     Shut off the emergency switch and close locked cover.
     Notify the mine dispatcher after completion.
    (e) The tank is equipped with a 4 inch vent designed to open at a 
pressure not to exceed 2.5 pounds per square inch, as required by 
75.1904(b).
    (f) Tank openings are marked and the tank, fittings and components 
are pressure-tested.
    (g) The pump dispensing line is equipped with a manual shut off 
valve that serves as anti-siphoning device as required under 
75.1905(b)(iii).
    (h) Additional fire suppression and detection are installed to 
ensure that the

[[Page 40082]]

system meets all the requirements of 75.1911(b).
    (i) At no time, the motor will be operated unattended, in 
accordance with 75.1916(e).
    (j) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved part 48 training plan to the DM. The proposed revisions will 
include initial and refresher training regarding compliance with the 
terms and conditions of the PDO.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Jessica D. Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-15827 Filed 7-23-21; 8:45 am]
BILLING CODE 4520-43-P